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Nov 29
1999
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Ask a Lawyer: Reducing child support based on increased amount of visitationPosted by: Dads Divorce on Nov 29, 1999 Tagged in: Visitation , support , pro se , OK , motion , modify , Maintenance , custody , Child Support , child , Ask A Lawyer
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Question:
My divorce was final a year ago. I didn't get an attorney and we just used hers. When they calculated the child support, they did it based on me having my children the minimum (every other weekend). I didn't really care what they put down because I knew my children wouldn't stand for that. During this year, I have had my kids (overnight and all) a minimum of 50% of the time. I have documented everything (I do this on everything, weight, blood pressure, vacation, workouts, I could go back 5 years) on spread sheets. I have also kept every email from my ex, many of which clearly state the plan that we should have the children 50/50. I go get them and take them to school, etc. I do the traveling 100% of the time. If I look at the amount I should be pay (online tables) it's clear I am paying way too much. My question is will this be hard to change? Of course, I will use a lawyer this time. Will the Judge say you can afford it so you can pay it? I make good money, and I re-married and my wife does well also. All I heard during the divorce is this is fair (she gets tons of money I worked hard for). Now I'm wanting to say...This is fair....FYI, she left me for another guy...which went South a long time ago.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Oklahoma. In general, a court will modify child support upon a showing of change of circumstances. It appears there has been a change of circumstances. I definitely advise that you seek counsel and file a Motion to Modify child support as well as custody. You will request a reduction in support, and a custody agreement that accurately reflects what you and your ex-spouse do with your children. Good luck.











